[Federal Register: December 1, 2006 (Volume 71, Number 231)]
[Rules and Regulations]               
[Page 69488-69489]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 201

RIN 0750-AF30

Defense Federal Acquisition Regulation Supplement; Contracting 
Officers' Representatives (DFARS Case 2005-D022)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text pertaining to 
the designation of a contracting officer's representative. The rule 
clarifies the authority of a contracting officer's representative and 
relocates text to the DFARS companion resource, Procedures, Guidance, 
and Information.

DATES: Effective Date: December 1, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2005-D022.


A. Background

    This final rule revises DFARS text addressing contracting officers' 
representatives. The DFARS changes--
     Clarify the authority of a contracting officer's 
representative; and
     Remove internal DoD procedures relating to the designation 
of a contracting officer's representative. Text on this subject has 
been relocated to the DFARS companion resource, Procedures, Guidance, 
and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi

    DoD published a proposed rule at 71 FR 27659 on May 12, 2006. One 
source submitted comments on the proposed rule. That source recommended 
revising the rule at 201.602-2(2)(v) to require that the contracting 
officer include a copy of the written designation of the contracting 
officer's representative in the official contract file. DoD agrees with 
the recommended requirement for file documentation, but, since this is 
an administrative matter internal to the Government, DoD has added the 
requirement to the corresponding text at PGI 201.602-2. DoD has adopted 
the proposed DFARS rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the rule addresses internal DoD procedural matters and makes no 
significant change to DoD contracting policy.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

[[Page 69489]]

List of Subjects in 48 CFR Part 201

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR part 201 is amended as follows:


1. The authority citation for 48 CFR part 201 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 201.602-2 is revised to read as follows:

201.602-2   Responsibilities.

    (1) Follow the procedures at PGI 201.602-2 regarding designation of 
a contracting officer's representative (COR).
    (2) A COR--
    (i) Must be a Government employee, unless otherwise authorized in 
agency regulations;
    (ii) Must be qualified by training and experience commensurate with 
the responsibilities to be delegated in accordance with department/
agency guidelines;
    (iii) May not be delegated responsibility to perform functions at a 
contractor's location that have been delegated under FAR 42.202(a) to a 
contract administration office;
    (iv) Has no authority to make any commitments or changes that 
affect price, quality, quantity, delivery, or other terms and 
conditions of the contract; and
    (v) Must be designated in writing, and a copy furnished the 
contractor and the contract administration office--
    (A) Specifying the extent of the COR's authority to act on behalf 
of the contracting officer;
    (B) Identifying the limitations on the COR's authority;
    (C) Specifying the period covered by the designation;
    (D) Stating the authority is not redelegable; and
    (E) Stating that the COR may be personally liable for unauthorized 
 [FR Doc. E6-20393 Filed 11-30-06; 8:45 am]